SATPAL Vs. TARA SINGH

JUDGEMENT

(1.) THIS is an application for recalling the order dated 09.12.2014, vide which the appeal preferred by the applicant was dismissed as withdrawn and he was granted six months' time to vacate the demised premises. In short, it is maintained that, "counsel of applicant did not contested the case properly nor disclosed his side correctly. The applicant is totally illiterate and does not know English language. The counsel of applicant did not disclose true and actual facts before the Hon'ble High Court and without taking consent of the applicant, as per the consent of counsel of applicant, the Hon'ble Court has pleased to vacate the shop within 6 months. Regarding the shop in dispute there are other two cases are pending in the Lower Courts and on 6.2.2015 when the applicant appeared in the court of Miss Sumukhi, then he came to know about the Judgment and order dated 9.12.2014 of this Hon'ble High Court through Advocate of Tara Singh, which is injustice with the applicant and his family."

(2.) A brief narration of the facts, that have led the parties to this stage, would be essential and expedient. A decree for possession, as regards the demised premises was passed against the applicant, and having failed before the first appellate court, he had approached this court vide RSA No. 5758 of 2014. On 04.12.2014, learned counsel for the applicant argued the matter at length and having sensed that this court was not inclined to interfere with the concurrent findings recorded by both the courts below, and as an observation was also made that at best the applicant could be granted some time to vacate the premises, she submitted that let some reasonable time be granted to the applicant and he would not press the appeal. That being so, she was asked to furnish an affidavit in this regard. Since, the applicant was present during the hearing, learned counsel for the applicant prayed for a pass over so as to file the necessary affidavit. The matter was passed over. Later, an affidavit dated 04.12.2014 was filed in court and was taken on record, which reads as thus:

(3.) THAT the appellant may kindly be allowed to withdraw the appeal with liberty as prayed for."